TOWN OF OLD LYME
BOARD OF SELECTMEN
Regular Meeting Minutes
20 July 2015
The Board of Selectmen held a Regular Meeting at 7:30pm on 20 July 2015 in the Meeting Hall of the Old Lyme Memorial Town Hall. First Selectwoman Bonnie Reemsnyder, Selectwoman Mary Jo Nosal and Selectman Skip Sibley were present.
- Approval of Minutes: 13 July 2015
First Selectwoman Reemsnyder requested the following addition to the minutes under Public Comment: The third speaker was John Boccaccio. He was not correctly identified in the minutes.
Selectwoman Nosal would like the letter she read aloud to be included as part of the minutes.
A motion was made by Selectman Sibley, seconded by Selectwoman Nosal to approve the minutes with changes noted. Motion passed.
- Communication: None
- Appointments: None
- Old Business:
- Boathouse Hains Park Improvements Update
There has not been a meeting of the Boathouse Hains Park Improvement Committee since the last Board of Selectmen meeting. Selectman Sibley said a meeting is scheduled to take place at noon tomorrow at Hains Park regarding a possible pre-fab Pavilion for the Park. Parks & Recreation Director Don Bugbee and Parks & Recreation Commission chair Bob Dunn are among those expected to attend. A special meeting may be scheduled for 7:30pm this Thursday if the architect has had time to develop plans for the options under consideration.
- Rte. 156 Bikeway/Sound View Improvements: Update on Public Info Mtg.
There has not been a meeting of the Route 156 Bikeway Committee since the last Board of Selectmen meeting. A meeting scheduled for earlier today was cancelled due to lack of a quorum. First Selectwoman asked if it was necessary to respond to comments received following the Public Information Meeting on June 30. Selectwoman Nosal has consulted with DOT project liaison David Head, who suggested posting comments and responses in general categories on the Town website. Committee member Jim Lampos will work with Selectwoman Nosal to develop the responses.
The Committee voted to recommend moving forward with the project at their meeting on July 7. Selectwoman Nosal made a motion, seconded by Selectman Sibley, that the Board of Selectmen support that recommendation.
First Selectwoman Reemsnyder summarized comments received as 1) recommending that the project move forward; 2) expressing disappointment that the restrooms and greenway would not be included in the first phase; 3) expressing concerns over the project cost and the possibility that a future sewer project could impact new sidewalks; 4) Some local businesses expressed concern over reduced parking.
The First Selectwoman pointed out that reconfiguration of the Town Parking Lot is not part of the first phase of the project. Persons had 14 days following the Information Meeting to submit comments on the project.
Noting that the Committee had voted on a recommendation before the period for comments had closed, Selectman Sibley said he thought the vote was premature from a process standpoint.
Selectwoman Nosal expressed concerns about delaying a Board of Selectmen vote. She polled Committee members after all comments were received and none would change their opinion about moving forward with the project.
The First Selectwoman was also concerned about the impact a delay from the Board of Selectmen would have on the project timeline.
She suggested adding a vote on the project to the agenda of a Special Board of Selectmen meeting scheduled for Monday, July 27. Both Selectmen agreed. Selectwoman Nosal withdrew her motion; Selectman Sibley withdrew his second.
- Request from White Sand Beach Road repair
Rick Sullivan from White Sand Beach presented a request for the Town’s assistance in funding unanticipated roadwork. Repair was needed on the end of White Sand Beach Road where it meets the town parking lot. The repair work was done in June. Due to extensive use of the road by residents accessing the town beach, the Town has contributed to road maintenance costs in the past.
Mr. Sullivan said the road repair was included in the Association’s five year budget plan, and was presented to the Board of Finance as a potential 16/17 expense.
The First Selectwoman asked the Public Works Director to meet with the Association, and he was able to arrange for the work to be performed at $5,800, lower than WSB’s estimate of $7,500. She has also discussed the request with Finance Director Nicole Stajduhar, who indicated that funds for the repair may be available in Public Works accounts from FY14/15.
The First Selectwoman noted that, although the Town has borne 25% to 50% of the cost of similar work in the past, the Beach Stipend Committee believed that extra budget funds are given to White Sand Beach Association to assist with road maintenance costs.
Selectman Sibley said he anticipates push back from the Board of Finance and said the situation is challenging when a request is made after the fact.
First Selectwoman Reemsnyder supports the Town bearing 25 to 30% of the invoiced cost if funds can be found in last year’s budget.
A motion was made by Selectwoman Nosal, seconded by First Selectwoman Reemsnyder, that pending the availability of funds, the Board of Selectmen supports White Sand Beach Association’s request for $2,900 toward the cost of the road repair.
Selectman Sibley suggested that $2,030 or 30% was a more appropriate amount.
Selectwoman Nosal said the Association had met the Town half-way by meeting with Public Works, and she believes the difference between $2,900 and $2,030 to be minimal.
Selectwoman Nosal and First Selectwoman Reemsnyder voted in favor of the motion; Selectman Sibley was opposed.
First Selectwoman Reemsnyder will present the recommendation to the Board of Finance tomorrow night.
The First Selectwoman read aloud a draft email retention policy, first presented to the Selectmen a few meetings ago. She summarized that emails are considered public documents; that Towns are required to retain all documents for specified lengths of time; that the Connecticut State Library sets the standards for document retention and recommends that municipalities adopt email retention policies.
Selectwoman Nosal asked how the proposed policy dovetails with FOI requirements. FOI requires that documents be accessible to the public upon request. She suggested that email retention requirements be part of training for Board & Commission members.
Selectman Sibley asked the First Selectwoman to look into setting up Boards & Commission with Town email accounts.
First Selectwoman Reemsnyder believes adding Town email accounts may be costly and suggests recommending a separate, free, email account as an alternative.
Selectman Sibley would like to quantify the cost of Town email accounts.
A motion was made by Selectwoman Nosal, seconded by Selectman Sibley, to adopt the Email Retention Policy. Motion passed.
- WPCA: Follow up to discussion w/Town Attorney
First Selectwoman Reemsnyder restated that the WPCA was over budget on a wastewater management project. A request for additional funding to complete the project was rejected at a May Town Meeting. The Board of Finance subsequently asked the Board of Selectmen to discuss and consider removal of a WPCA member. The First Selectwoman consulted with the Town Attorney on the request.
At last week’s Board of Selectmen meeting, she asked the Town Attorney for a definition of cause and for specifics about a required hearing. The First Selectwoman is concerned about the message such an action would send to volunteers, who serve on boards and commission with no training. She has reached out for an opinion from another municipal attorney.
Selectman Sibley asked last week if the Board of Selectmen should wait for the results of a Board of Finance inquiry into the matter, and stated that he is uncomfortable proceeding without more information.
Selectwoman Nosal said she is waiting for additional input from the Town Attorney. She is uncomfortable with the whole premise. She would like the Boards of Selectmen and Finance to collaborate.
The First Selectwoman will continue pursuing legal opinion and will report back to the Board of Selectmen.
5. New Business:
- Update on Administrative Order
The First Selectwoman said an Administrative Order on the Coastal Wastewater Management Plan was received from the State DEEP on June 16. She spoke with engineer David Prickett, WPCA Attorney Andrew Lord, and WPCA Chair Kurt Zemba about the Order, and requested a summary of options from Andrew Lord. She has also consulted with Jane Saul, a non-practicing attorney with extensive DEEP experience.
The Administrative Order requires the Town to complete the Wastewater study but is not an order to implement. Completing the study will entail:
- Answering all questions from the DEEP
- Submitting an Environmental Impact Evaluation
- Submitting an Update 90 days later based on response(s)
- Including a completion date of 10/31/18 in the Study
The First Selectwoman shared communication from Andrew Lord detailing the Town’s options regarding the Order. The Town can:
- Comply, which will require funding
- Appeal, which would be costly in terms of legal expense
- Do nothing, which could be the most costly as it could lead to legal action
- Meet with the DEEP to discuss obstacles and how to proceed
First Selectwoman Reemsnyder spoke with Carlos Esquerra of the DEEP and asked questions about possible consequences and fines. The DEEP uses a matrix to determine fines, which are based on the cost of hiring an engineer. Fines could amount to $100,000 if the Order is totally disregarded.
Selectwoman Nosal believes working with the DEEP is the way to go.
Selectman Sibley said the Selectmen owe it to themselves and taxpayers to understand where this ends. He acknowledged that another Town Meeting would have to be scheduled and taxpayers will have to be presented with a final “not to exceed” dollar amount. He wants to make sure there are no surprises.
First Selectwoman Reemsnyder said she will ascertain from the project engineers that all potential costs for completion of the study are included in a funding request.
- Midsummer Festival/Fireworks Jul. 24-25
The First Selectwoman reminded everyone of the Midsummer Festival this weekend. She acknowledged the work of the Midsummer Committee, which begins planning the festival in October of each year. The Festival takes place all day Saturday, with fireworks scheduled for Saturday night, preceded by a Town Band concert at 7pm. She called the Festival an economic driver for the Town.
- Review of Resident Trooper Contract
The current Resident State Trooper contract has been extended to end-July. The Town’s share of Resident State Trooper costs will increase from 70% to 85% in the new Contract, which is currently being reviewed by the Town Attorney. Selectman Sibley believes the Town has used Attorney McHale to review State Police contracts in the past. The First Selectwoman will check.
Selectwoman Nosal expressed concern over two sections in the new contract. She had questions about a paragraph about Grants under Assignment, and about a new IT section. The First Selectwoman suggested writing to the Commissioner of Public Safety with her concerns.
Neither the First Selectwoman nor Selectman Sibley shared similar concerns. Selectman Sibley believes the Grant reference deals with communication between the State Police and the municipality. First Selectwoman Reemsnyder thinks the IT section defines municipal responsibilities. If the Town Attorney has finished reviewing the contract, she hopes it can be approved at the next meeting.
- Schedule for hearing of grievances from police officers
A Special Meeting of the Board of Selectmen has been scheduled for Monday, July 27 to hear grievances from police officers. A vote on the recommendation from the Route 156 Bikeway Committee will also be on the agenda for the meeting.
Dimitri Tolchinski, member of the WPCA, believes there is a misunderstanding about the wastewater management study. He does not understand why responding to questions from the DEEP is considered additional work. He suggested that engineering work can be billed by the hour or by the job. If by the job, the job is not considered complete until inspection. For the wastewater study, the job inspector is the DEEP.
Frank Pappalardo said we need to get a better handle on future expenses for the wastewater project and believes the engineers should be able to give a definitive answer. He thinks the Chartered beaches are moving forward faster and at less cost, and suggested the Town consider changing engineering firms.
He said he would like to understand the process and asked what will happen if additional funding is not appropriated at Town Meeting.
The First Selectwoman said if funding is not appropriated, the DEEP Administrative Order could be escalated to a Court Order. Court Orders do not require Town Meeting funding approval.
In reference to email retention, Mr. Pappalardo encouraged the Selectmen to look into Town email accounts. He believes that will be the only way to effectively establish a retention policy.
Selectman Sibley requested an update on the septage transfer station. The First Selectwoman said she has received feedback from the Town Attorney which she has shared with Gary Yuknat. She summarized the septage transfer station matter.
The Selectmen discussed the issue earlier this year. Septage haulers currently pay $.08 per gallon to the Town; the Town pays $.12 to the operator. The system was initially developed to lower the cost of septic pumping for residents but appears to be subsidizing the operator. It is beneficial for the Town to continue acquiring data on septic systems from haulers utilizing the system. The First Selectwoman is reluctant
to discontinue the system without an Ordinance in place requiring haulers to continue providing data to the town. She anticipates moving forward with a change by the end of the summer.
Selectman Sibley spoke about the White Sand Beach Association request for funding. He is not comfortable approving expenditures outside of the budget process and would like to see the Selectmen do a better job before funds are expended. He thinks it is important to follow the same principle and process with all funding requests.
First Selectwoman Reemsnyder said the matter has been discussed at earlier Board of Selectmen and Finance meetings.
Selectwoman Nosal agreed that the subject should come up during the budget process. In this case, it presented an opportunity to inquire about the condition and maintenance of a town road. Selectwoman Nosal announced the Funky Dawgs are playing at a free concert at Soundview on Thursday at 7pm.
- Executive Session: None
- Adjournment:
Motion to adjourn made by Selectman Sibley at 9:20pm, seconded by Selectwoman Mary Jo Nosal.
Catherine Frank
7/21/15
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